To Resolve a Dispute

The Institute can:

• Select, refer, and appoint qualified mediators and arbitrators knowledgeable in the area of the dispute.
• Provide Rules for Commercial Mediation and Commercial Arbitration.
• Assist at Extraordinary or Annual General Meetings and help design an ADR system to fit any particular circumstances.

To Start a Proceeding

(Please contact info@bcami.com for assistance with forms and procedures)

The Institute's Administration fee is payable to BCAMI to open a file. In order for the Institute to refer its qualified, experienced mediation or arbitration dispute resolution practitioners, knowledgeable in the area of the dispute, the Institute will first need some information from you about the disputes. the name and complete addresses of the parties, their counsel or representatives;

• a COPY of the arbitration or mediation CLAUSE (not the entire agreement), or confirm that the parties have agreed to resolve the dispute by ADR;
• the location of the dispute;
• a summary of the matters in dispute and the amount in dispute. On the Institute's Request Forms to Start a Proceeding, provide all relevant information.
• identify the type of dispute:
  • Commercial - construction, lease, partnership, contract, insurance, motor vehicle, etc;
  • Family - separation, divorce, assets, custody, etc;
  • Condominium - identify the Strata Corporation number and ALSO attach the appropriate Strata Property Act Forms.

Fax or mail the request forms with the Administration fee to the Institute.

Strata Property Act Arbitration

Section 179 of the Strata Property Act ("the Act") allows disputes between a strata corporation and an owner or owners to be resolved by arbitration rather than through the courts. Disputes between owners and other owners, between owners and other tenants and between the strata corporation and tenants can also be resolved through arbitration. Note however that there are certain disputes respecting tenants, specifically those between a landlord and a tenant, which must be resolved by arbitration under the Residential Tenancy Act. For information on Residential Tenancy arbitrations, please contact the Residential Tenancy Office at (604) 660-3456.

Arbitration under the Strata Property Act is commenced by one party giving the other party a Notice Beginning Arbitration (Form L). This notice informs the other party of the nature of the dispute and proposes a method of appointing an arbitrator. The Notice Beginning Arbitration and the Notice Responding to Reply can propose appointment by the British Columbia Arbitration and Mediation Institute as the method of appointing the arbitrator. Complete the Notice Beginning Arbitration, fill in the blanks for the owner's strata lot number and the number of the strata plan, attach the details of the dispute on a separate page or pages, and give the notice, along with the blank Notice of Reply (Form N) to the other party. The other party then has two weeks either to agree to have the arbitrator appointed by the Institute or to propose a different arbitrator or a different method of appointing an arbitrator.

If the other party is agreeable to having the Institute appoint the arbitrator, copies of the Notice Beginning Arbitration and the Notice of Reply must be provided to the Institute.

Finding a Qualified Neutral Party

The Institute will review the Request to Start a Proceeding form and will, it if is completed:

• Send to each party, simultaneously (or to counsel as directed) a list of Institute mediators or arbitrators knowledgeable in the area of dispute, together with a brief resume of their experience and the appropriate arbitration or mediation Rules.
• Ask the parties to make their selection from this list. These neutral Institute members combine their professional expertise (as architects, accountants, consultants, engineers, lawyers, appraisers, consultants) with their arbitration and/or mediation training and experience.
• Unless the dispute warrants a panel of three, the Institute recommends a single arbitrator as this is more cost efficient. In mediation, a single mediator or a co-mediator can be selected.
• The letter will contain instruction for the parties.

Appointing the Mediator or Arbitrator

• When the parties return the list to the Institute, if the parties have not selected the same individual the Institute will make the Appointment from the names remaining on the list and advise the parties.
• Under the Institute's Rules the arbitrator or mediator administers the process.
  

Fees

The Case Initiation fee varies depending on the type of proceeding. Please look on the relevant proceeding form for this fee. 

The Appointment fee is collected by the mediator or arbitrator, and remitted to the Institute within 60 days after the appointment.

• For disputes under $100,000.00 the Appointment fee is $100.00 + GST.
• If over $100,000.00 is in dispute, the Appointment fee is $200.00 + GST.
• Individual practitioners, not the Institute, set their own fees for mediation or arbitration (generally an hourly rate) based on their experience, skill, and profession and on the matters in dispute. It is recommended that the parties discuss these fees with the practitioner before proceeding with the process.